Responsibilities of businesses when products and goods traded are defective from July 1, 2024

Law on Consumer Rights Protection 2023 promulgated by the National Assembly on June 20, 2023 and will officially take effect from July 1, 2024.

Accordingly, Law on Consumer Rights Protection 2023 Regulations on liability in case of defective products and goods apply from July 1, 2024 as follows:

1. Concept of products and business goods with defects

Products and goods have defects means a product or good that does not ensure safety for consumers and is capable of causing damage to the life, health, or property of consumers but the defect has not been detected at the time the product or good is provided to consumers even though the products and goods are manufactured in accordance with current standards and technical regulations, including:

- Mass-produced products and goods have defects arising from technical design.

- Single products and goods with defects arising from the process of production, processing, transportation, storage and use.

- Products and goods have potential risks of causing unsafety during use but do not have adequate instructions or warnings for consumers.

2. Responsibility for defective products and business goods

2.1. Responsibilities of business organizations and individuals

When detecting defective products or goods, business organizations and individuals have the following responsibilities:

- Recall and handle defective products and goods according to the provisions of Article 33 Law on Consumer Rights Protection 2023 and other relevant legal provisions.

- Implement necessary measures to protect consumer rights during the recall and handling of defective products and goods;

- Report to the state management agency on consumer protection and relevant state management agencies before and after the recall; Carry out the recall according to the reported and notified content and bear the costs incurred during the recall process.

(Pursuant to the provisions of Clause 1, Article 32 Law on Consumer Rights Protection 2023).

2.2. Responsibilities of state management agencies to protect consumer rights

Provincial-level state management agencies for protecting consumer rights and provincial-level specialized agencies that recall defective products and goods are responsible for inspecting and monitoring implementation to ensure Recalling the correct content reported and notified, ensuring the legitimate rights and interests of consumers and in accordance with the provisions of law.

In case the recall of defective products and goods is conducted in the area of ​​02 or more centrally-affiliated provinces and cities, the state management agency in charge of protecting consumer rights at the central and Relevant state management agencies at the central level are responsible for inspection and monitoring.

(Base according to the provisions of Clause 2, Article 32 Law on Consumer Rights Protection 2023).